I

103D CONGRESS

2D SESSION H. R. 5035

To authorize the Secretary of Agriculture to establish and collect recreation

use fees on a temporary basis in connection with the recreational use

of the Roosevelt Lake Recreation Area in the Tonto National Forest

in the State of Arizona.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 13, 1994

Ms. ENGLISH of Arizona introduced the following bill; which was referred to

the Committee on Natural Resources

A BILL

To authorize the Secretary of Agriculture to establish and

collect recreation use fees on a temporary basis in connection with the recreational use of the Roosevelt Lake

Recreation Area in the Tonto National Forest in the

State of Arizona.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Roosevelt Lake Recre5 ation Area Fee Act’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds the following:
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1 (1) The Roosevelt Lake Recreation Area in the

2 Tonto National Forest in the State of Arizona is

3 changing as a result of drastically increasing popu4 lation in the communities near the recreation area

5 and modifications in Roosevelt Dam.

6 (2) The current annual funding of $300,000 for

7 the recreation area does not allow for even minimal

8 maintenance and operation of the newly emerging

9 $40,000,000 recreational area.

10 (3) The anticipated number of persons using

11 the facilities of the recreation area requires addi12 tional funding to provide minimum sanitary and

13 safety related service at the recreation area as well

14 as management of the environment and riparian

15 areas.

16 (4) The quality of services provided at the

17 recreation area and the integrity of the environment

18 could best be served by maintaining public, rather

19 than private, management of the recreation area.

20 (5) The users of units of the National Forest

21 System have demonstrated a willingness to pay a

22 user fee for maintenance and operation if the locally

23 collected funds are returned to the unit.

24 (b) PURPOSE.—It is the purpose of this Act to use

25 funds generated from fees charged in connection with the
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1 recreational use of the Roosevelt Lake Recreational

2 Area—

3 (1) to assure adequate funding of maintenance

4 and operation of the recreation area;

5 (2) to provide additional funding to the county

6 in which the recreation area is located, enabling the

7 county to increase investment in facilities and serv8 ices related to public safety, sanitation, and the rec9 reational environment; and

10 (3) to allow increased funding for the protection

11 of the bald eagle nesting areas, the Canadian geese

12 wintering grounds, and the Roosevelt Lake wildlife

13 refuges at the recreation area.

14 SEC. 3. DEFINITIONS.

15 For purposes of this Act:

16 (1) RECREATION AREA.—The term ‘‘recreation

17 area’’ means the Roosevelt Lake Recreation Area in

18 the Tonto National Forest in the State of Arizona.

19 (2) RECREATION SITE.—The term ‘‘recreation

20 site’’ means a campground, picnic ground, swimming

21 site, boat launch site, lake access site, or other man22 made or natural recreational facility in the recre23 ation area.

24 (3) RECREATION USE FEE; FEE.—The terms

25 ‘‘recreation use fee’’ or ‘‘fee’’ mean a fee that is
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1 charged for the use of a recreation site in the recre2 ation area.

3 (4) RECREATION USE PASS.—The term ‘‘recre4 ation use pass’’ means a document that entitles the

5 holder access and use of recreation sites in the recre6 ation area for a specified period of time.

7 (5) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of Agriculture.

9 SEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION

10 USE FEES.

11 (a) RECREATION USE FEE AUTHORIZED.—Except as

12 provided in subsection (b), the Secretary may establish

13 and collect recreation use fees at designated recreation

14 sites within the recreation area.

15 (b) EXCEPTIONS.—The Secretary may not impose or

16 collect a recreation use fee for the use or provision in the

17 recreation area, either singly or in any combination, of

18 drinking water, wayside exhibits, toilet facilities, general

19 purpose roads, overlook sites, or general information. The

20 Secretary may not impose or collect a fee from any officer

21 or employee of the Federal Government or State or local

22 government authorized by the Secretary to perform ad23 ministrative duties at recreation sites in the recreation

24 area.
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1 (c) ESTABLISHMENT AND COLLECTION.—Establish2 ment and collection of recreation use fees shall be made

3 in accordance with subsections (d) and (e) of section 4

4 of the Land and Water Conservation Fund Act of 1965

5 (16 U.S.C. 460l–6a). The Secretary may authorize the col6 lection of fees by volunteers in accordance with subsection

7 (k) of such section.

8 (d) GOLDEN AGE PASSPORT AND GOLDEN ACCESS

9 PASSPORT.—Any person holding a valid Golden Age Pass10 port or Golden Access Passport issued under paragraph

11 (4) or (5) of section 4(a) of the Land and Water Conserva12 tion Fund Act of 1965 (16 U.S.C. 460l–6a(a)) shall be

13 entitled upon presentation of such passport to use a recre14 ation site within the recreation area at a rate equal to

15 50 percent of the recreation use fee otherwise applicable

16 to such recreation site.

17 (e) EFFECT ON OTHER LAWS.—Recreation use fees

18 established under this section for use of recreation sites

19 in the recreation area shall be in lieu of any recreation

20 use fees for such recreation sites under section 4(b) of the

21 Land and Water Conservation Fund Act of 1965 (16

22 U.S.C. 460l–6a(b)) or section 1401 of the Omnibus Budg23 et Reconciliation Act of 1993 (16 U.S.C. 460l–6c).
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1 SEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION

2 USE PASSES.

3 (a) RECREATION USE PASS AUTHORIZED.—The Sec4 retary shall make available for purchase recreation use

5 passes for the use on a daily or annual basis of recreation

6 sites in the recreation area otherwise subject to a recre7 ation use fee. Use of an annual recreation use pass shall

8 be subject to any single stay time limits imposed on the

9 recreation site.

10 (b) AVAILABILITY.—The Secretary may have recre11 ation use passes available for sale at any recreation site

12 for which a recreation use fee is charged or at other con13 venient locations.

14 (c) USE OF PASS.—The recreation use pass shall

15 apply to—

16 (1) the pass holder and any person accompany17 ing the pass holder in a single, private, noncommer18 cial vehicle; or

19 (2) the pass holder and the spouse, children,

20 and parents of the pass holder accompanying the

21 pass holder where entry to a recreation site is by

22 any means other than a private, noncommercial

23 vehicle.

24 (d) GOLDEN AGE PASSPORT AND GOLDEN ACCESS

25 PASSPORT.—Any person holding a valid Golden Age Pass26 port or Golden Access Passport issued under paragraph
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1 (4) or (5) of section 4(a) of the Land and Water Conserva2 tion Fund Act of 1965 (16 U.S.C. 460l–6a(a)) shall be

3 entitled upon presentation of such passport to purchase

4 of a recreation use pass for the recreation area at a rate

5 equal to 50 percent of the purchase price otherwise appli6 cable to the recreation use pass.

7 (e) RULES AND REGULATIONS, ENFORCEMENT POW8 ERS.—Recreation use passes sold under this section shall

9 be nontransferable. The unlawful use of a recreation use

10 pass shall be punishable in accordance with regulations es11 tablished under section 4(e) of the Land and Water Con12 servation Fund Act of 1964 (16 U.S.C. 460l–6a(e)).

13 SEC. 6. TERMINATION OF AUTHORITY.

14 (a) TERMINATION.—The authority of the Secretary

15 to establish or collect fees under section 4 or sell recre16 ation use passes under section 5 shall expire at the end

17 of the seven-year period beginning on the date of the en18 actment of this Act. Termination of such authority shall

19 not affect the validity of any annual recreation use pass

20 sold under section 5 before that date.

21 (b) REPORT.—Not later than six years after the date

22 of the enactment of this Act, the Secretary shall submit

23 to the Committee on Energy and Natural Resources and

24 the Committee on Agriculture, Nutrition, and Forestry of

25 the Senate and the Committee on Natural Resources and
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1 the Committee on Agriculture of the House of Representa2 tives a report evaluating the authority provided by sections

3 4 and 5 regarding recreation use fees and recreation use

4 passes. The report shall include any recommendations of

5 the Secretary for modifying the authority, for extending

6 the authority beyond the date specified in subsection (a),

7 or for extending the authority to other units of the Na8 tional Forest System.

9 SEC. 7. DISPOSITION OF RECREATION USE FEES AND

10 FUNDS FROM SALES OF RECREATION USE

11 PASSES.

12 (a) DEPOSIT OF FUNDS.—Notwithstanding para13 graphs (1), (2), or (3) of section 4(i) of the Land and

14 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

15 6a(i)), recreation use fees collected under section 4 and

16 amounts received from sales of recreation use passes

17 under section 5 shall be deposited in a special account in

18 the Treasury.

19 (b) USE OF FUNDS.—

20 (1) OPERATION, MAINTENANCE, AND OTHER

21 USES.—In such amounts as are provided in advance

22 in appropriation Acts, the Secretary may use

23 amounts in the special account to provide supple24 mental funds for operation, maintenance, and man25 agement of recreation sites within the recreation
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1 area, for interpretation and management of re2 sources in the recreation area, and for administra3 tive costs associated with such activities.

4 (2) PAYMENTS TO STATES AND COUNTIES.—

5 Recreation use fees collected under section 4 and

6 amounts received for recreation use passes sold

7 under section 5 shall be considered as money re8 ceived for purpose of computing and distributing

9 payments to States and counties pursuant to the Act

10 of May 23, 1908 (16 U.S.C. 500).

11 (c) ROADS AND TRAILS.—Recreation use fees col12 lected under section 4 and amounts received for recreation

13 use passes sold under section 5 shall not be considered

14 as money received for purpose of the fourteenth paragraph

15 under the heading ‘‘FOREST SERVICE’’ of the Act of March

16 4, 1913 (16 U.S.C. 501).

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